- 1 - HC-KAR NC: 2025:KHC:34176-DB WP No. 4796 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 4796 OF 2024 (GM-MM_S) PIL BETWEEN: 1. MR. MUHAMMAD HARIS K M AGED ABOUT 35 YEARS S/O MOIDIN KUTTI R/AT #1-18, KANTHADKA HOUSE ALIKE, DAKSHINA KANNADA KARNATAKA - 574 235 …PETITIONER (BY MS. SHWETHA NAYAK N, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY M.S.BUILDING DR. AMBEDKAR ROAD BANGALORE - 560 001 REP. BY ITS SECRETARY 2. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSINER DAKSHINA KANNADA - 575 001 3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY JUGUL TOWERS, MANGALORE DAKSHINA KANNADA DISTRICT - 575 002 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34176-DB WP No. 4796 of 2024 4. KARNATAKA STATE POLLUTION CONTROL BOARD 10B, NEAR GAUSIYA MASJID BAIKAMPADY INDUSTRIAL AREA MANGALORE, D.K - 560 011 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH DAKSHINA KANNADA MANGALORE - 575 001 6. PANCHAYATH DEVELOPMENT OFFICER ALIKE GRAMA PANCHAYATH BANTWALA TALUK D.K.DISTRICT - 574 235 7. M/S. STAR CRUSHERS BARENGODI ALIKE VILLAGE AND POST BANTWAL TALUK D.K.DISTRICT - 574235 REP. BY ITS MANAGING PARTNER MR. JOHN V. K. …RESPONDENTS (SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 2 AND 4 SRI R.G.KOLLE, ADVOCATE FOR RESPONDENT No.7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 ABD 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS No.1 TO 6 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER DATED 20.01.2021, 21.01.2021 VIDE ANNEXURE-A TO A3 AND TO TAKE APPROPRIATE ACTION AGAINST RESPONDENT No.7 WITH REGARD TO THE ILLEGAL MINING ACTIVITY IN SY.No.165/3, SY.No.30/1B AND SY.No.51/1A1A2 MEASURING TO AN EXTENT OF 1.50 ACRES, 1.24 ACRES AND 2.00 ACRES RESPECTIVELY AT ALIKE VILLAGE, BANTWAL TALUK, D.K IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34176-DB WP No. 4796 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition alleging that respondent No.7 is carrying on quarrying activities using explosives in an area which is at a distance of less than 500 mtrs. from a school and other residential development. It is alleged that the explosives fling stones as far as 500 mtrs. and, therefore, the residents of the villages are not safe and the children are not going to school. It is also alleged that the quarrying activities is adversely affecting the health of the persons as well as agricultural crops in the surrounding areas. 2. There is no dispute that respondent No.7 has been issued the licence to carry on quarrying activities and has also demarcated the safe zone, which is 200 mtrs. from the periphery of the quarries. 3. We are of the prima facie view that if explosives are being used, which result in the debris being thrown almost at a distance of 500 mtrs., the same would present a safety risk. The concerned - 4 - HC-KAR NC: 2025:KHC:34176-DB WP No. 4796 of 2024 authorities are also required to examine the issue of pollution resulting from the quarrying activities. 4. We, accordingly, direct respondent Nos.3 and 4 to examine the complaint made by the petitioner. 5. If the allegations stated in the petition are found to be correct, the respondents shall take appropriate steps notwithstanding the endorsement dated 11.03.2025. The plain reading of the said endorsement indicates that it does not address the complaints made by the petitioner. The said respondents shall pass an order disposing of the petitioner’s complaint treating the present petition as his representation as expeditiously as possible and preferably, within a period of eight weeks from date. 5. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 6